HomeMy WebLinkAboutCC Ord 1481 2001-10-08
ORDINANCE NUMBER ~,
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY ON TUESDAY, MARCH 5th, 2002,
CONSOLIDATED WITH THE STATEWIDE PRIMARY
ELECTION FOR THE PURPOSE OF SUBMISSION
OF PROPOSED CHARTER AMENDMENTS.
I
WHEREAS, Pursuant to authority provided by Article XI of the
Constitution, Title 4, Division 2, Chapter 3 of the
Government Code and Division 9, Chapter 3
(commencing at Section 9255) of the Elections Code
of the State of California, the City Council of the
City of Seal Beach desires to submit to the voters
proposed Charter amendments relating to residency
requirements for elected officials and city manager,
that meetings of the City Council and appointive
boards and commissions be held in accordance with
State law (the Brown Act), provision for a two-year
budget, prohibited financial interests in City
contracts, disciplinary suspensions, that public
works contracts less than $20,000 not require public
bid process, that the City may enter into design-
build public works contracts, and elimination of
gender-based designations; and
WHEREAS, The City Council is authorized and directed by
statute to submit the proposed Charter amendments to
the voters; and
WHEREAS, Pursuant to the requirements of Section 10403 of the
Elections Code, the Board of Supervisors of the
County of Orange is hereby requested to consent and
agree to the consolidation of a Special Municipal
Election with the Statewide Primary Election on
Tuesday, March 5th, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1.
That pursuant to Article XI of the
Constitution, Title 4, Division 2, Chapter 3 of
the Government Code and Division 9, Chapter 3,
Article 3 (commencing at Section 9255) of the
Elections Code of the State of California,
there is hereby called and ordered to be held
in the City of Seal Beach, California, on
Tuesday, March 5th, 2002, a Special Municipal
Election for the purpose of submitting the
following proposed Charter amendments:
I
Ordinance Number
//ItB/
Charter Amendment
Shall the Charter of the City of Seal Beach
be amended to provide that residency YES
requirements for elected officials and
the city manager shal~ be governed by NO
State law?
I
The residency requirements of the Charter of the City of
Seal Beach are hereby amended by repealing Sections 301
and 601 and adding to Article III (Form of Government) a
new Section 301 to read as follows:
"Section 301. Residency Requirements. The Constitution
and laws of the State of California shall govern residency
requirements for Councilmembers, the City Clerk and the
City Manager."
Charter Amendment
Shall the Charter of the City of Seal Beach
be amended to provide that meetings of YES
the City Council and appointive boards!
commissions shall be held in accordance NO
with State law (the Brown Act)?
The Charter of the City of Seal Beach is hereby amended by
repealing Section 408 (Special Meetings) and revising
Section 407 (Regular Meetings) of Article IV (Elective
Officers) to read as follows:
I
"Section 407. Meetings. The City Council shall hold
regular meetings at least once a month in accordance with
the Brown Act (California Government Code Section 54950 et
seq.), as such statute now exists or may hereafter be
amended, at such times as shall be fixed by ordinance or
resolu~ion. The City Council may adjourn or re-adjourn
any meeting, and may call special meetings, in accordance
with the Brown Act. If at any time any regular meeting
falls on a holiday, such regular meeting may be held
thereafter prior to the next regular meeting."
The Charter of the City of Seal Beach is hereby amended by
revising Section 804 (Meetings, Chairmen) of Article VIII
(Appointive Boards and Commissions) to read as follows:
"Section 804. Meetings, Chairmen. As soon as
practicable, following the first day of July of every
year, each of such boards and commissions shall organize
by electing one'of its members to serve as presiding
officer at the pleasure of such board or commission. Each
board or commission shall hold regular meetings as
required by ordinance or resolution, and such special
meetings as such board or commission shall require. All
meetings shall be held in accordance with the Brown Act
(California Government Code Section 54950 et seq.) as such
statute now exists or may hereafter be amended.
I
Except as may be otherwise provided in this Charter, the
City Manager shall designate a secretary for the recording
of minutes for each of such boards and commissions, who
shall keep a record of its proceedings and transactions.
Ordinance Number I~$/
I
Each board or commission may prescribe its own rules and
regulations which shall be consistent with this Charter
and subject to the approval of the City Council, and
copies of which shall be kept in the office of the City
Clerk or such other office as the City Council may, by
ordinance prescribe where they shall be available for
public inspection. Each board or commission shall have
the same power as the City Council to compel the
attendance of witnesses, to examine them under oath, to
compel the production of evidence before it and to
administer oaths and affirmations."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to remove limitations on the YES
ability of the City to enforce its
Ordinances? NO
The Charter of the City of Seal Beach is hereby amended by
repealing Section 417 (Ordinance Violation Penalty
Provisions) .
CHARTER AMENDMENT
I
Shall the Charter of the City of Seal Beach
be amended to increase the penalty for YES
violations of the Charter from $500 to
$1,000? NO
The charter of the City of Seal Beach is hereby amended by
amending Section 1302 (Charter Violation Penalty
Provisions) to read as follows:
"Section 1302. Violations. The violation of any
provision'of this Charter shall be deemed a misdemeanor
and be punishable upon conviction by a fine not to exceed
One Thousand Dollars or by imprisonment for a term not to
exceed six months or by both such fine or imprisonment."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to provide that prohibited YES
,financial interests in City contracts shall
be governed by State law ? NO
I
The Charter of the City of Seal Beach is hereby amended by
revising Section 708 (Illegal Contracts. Financial
Interest) of Article VII (Officers) to read as follows:
"Section 708. Illegal Contracts. Financial Interest. In
accordance with the provisions of Sections 1090 et seg.,
of the State of California Government Code as such
provisions now exist or may hereafter be amended, no City
officer or employee shall be financially interested in
any contract made by them in their official capacity.
Sections 1090 et seq., in their entirety, are hereby
incorporated by reference into this Section. One true
and correct copy of the current Sections 1090 et seq.,
shall be deposited in the office of the City Clerk and
Ordinance Number ~~
shall be at all times maintained by said Clerk for use
and examination by the public."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to provide that disciplinary YES
suspensions shall be in accordance with
progressive discipline standards of NO
practice?
I
The Charter of the City of Seal Beach is hereby amended by
revising Section 911 (Suspension) of Article IX (Civil
Service System) to read as follows:
USection 911. Suspension. Any person holding a position
or employment in the competitive service shall be subject
to disciplinary suspension without pay by the appointing
power. Such suspensions shall be in accordance with
progressive discipline standards of practice. Progressive
discipline can include suspension from duty based upon
previous behavior and disciplinary actions. A department
head not having power of an appointment may make
disciplinary suspension in accordance with the rules."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to provide that a two-year YES
budget may be prepared upon the determination
of the City Manager? NO
I
The Charter of the City of Seal Beach is hereby amended by
revising paragraph (h) of Section 604 (Powers and Duties)
of Article VI (City Manager) to read as follows:
U(h) To prepare and submit to the City Council an annual
or bi-annual budget and be responsible for its
administration after adoption by the Council."
The Charter of the City of Seal Beach is hereby amended by
revising Section 1001 (Annual Budget) of Article X (Fiscal
Administration) to read as follows:
USection 1001. Annual/Bi-Annual Budget. Preparation by
the City Manager. The City Manager shall obtain from each
department head estimates of revenue and expenditures for
each department, detailed in such manner as may be
prescribed,by the City Manager. In preparing the proposed I
annual or bi-annual budget, the City Manager shall review
the estimates, hold conferences thereon with respective
department heads and may revise the estimates."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to provide that public works YES
contracts less than $20,000 (as adjusted
annually for inflation) do not require NO
a public bid process?
Ordinance Number ;I~~,1
The Charter of the City of Seal Beach is hereby amended by
revising Section 1010 (Contracts on Public Works) of
Article X (Fiscal Administration), to read as follows:
I
"Section 1010. Contracts on Public Works. The City
Council shall ,adopt policies and procedures governing
contracting for public works projects which are defined
to include the construction or improvement of public
buildings, works, streets, drains, sewers, utilities,
parks or playgrounds. The City Council may, in its sole
discretion, adopt selected policies and procedures by
reference to state law, but no state law shall govern
public works contr~cting unless it is expressly adopted
by the City Councilor has been finally determined to be
applicable to all charter law cities by an appellate
court with jurisdiction over the City of Seal Beach.
Except as otherwise provided in this Charter or by state
law made applicable to the City of Seal Beach, the City
Council shall award to the lowest responsible bidder each
contract involving an expenditure of more than the
bidding threshold amount (as defined in this Section) for
the construction or improvement of public works or for
the purchase of supplies or materials for any such
project. Bids shall be solicited via notice by
pUblication in the official newspaper by one or more
insertions, the first of which shall be at least ten days
before the time for opening bids, and such other forms of
notice as the City Council may direct. Projects for the
construction, resurfacing, maintenance or repair of
pUblic works facilities are excepted from the
requirements of this Section.
I
All bids may be accompanied by either a certified or
cashier's check, or a bidderls bond executed by a
corporate surety authorized to engage in such business in
California, made payable to the City. Such security
shall be in an amount not less than that specified in the
notice inviting bids or in the specifications referred to
therein, or if no amount be so specified then in an
amount not less than ten percent of the aggregate amount
of the bid. If the successful bidder neglects or refuses
to enter into the contract within the time specified in
the notice inviting bids or in the specifications
referred to therein, the amount of its bidder's security
shall be declared forfeited to the City and shall be
collected and paid into its general fund, and all bonds
so forfeited shall be prosecuted and the amount thereof
collected and paid into such fund.
I
The City Council may reject any and all bids presented
and may readvertise at its discretion.
The City Council, without advertising for bids, or after
rejecting bids, or if no bids were received, may declare
and determine that in its opinion, based on estimates
approved by the City Manager, the work in question may be
performed better or more economically by the City with
its own employees or the supplies or materials may be
purchased more economically on the open market. Contracts
likewise may be let without advertising for bids, if such
work, supplies or materials shall be deemed by the City
Council to be of urgent necessity for the preservation of
Ordinance Number 11//1/
life, health, or property. In either event, the Council
shall adopt a resolution with findings supporting the
letting of a contract without advertising for bids by at
least three affirmative votes of the Council, after which
the City may proceed to have such work done or said
supplies and materials purchased in the manner stated,
without further observance of the provisions of this I
Section.
The bidding threshold amount shall be Twenty Thousand
Dollars initially, and shall be annually adjusted by the
City Engineer upon confirmation by the City Council. On
June 1 of each year, the City Engineer shall compute the
percentage difference between the current Engineering News
Record Construction Cost Index - 20 City Average (ENR) and
the ENR for the previous June 1. The City Engineer shall
adjust the bidding threshold amount by such percentage,
rounding to the nearest dollar. The City Council shall
review such adjustment at a public hearing, and upon
Council confirmation, the bidding threshold amount shall
be the adjusted figure. Should the ENR be revised or
discontinued, the City Engineer shall use the revised
index or a comparable index approved by the City Council."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be amended to provide that the City Council
may enter into "design-build" public works
contracts?
YES
I
NO
The Charter of the City of Seal Beach is hereby amended by
adding to Article X (Fiscal Administration) a new Section
1010.5 to read as follows:
"Section 1010.5. Design-Build Contracts on Public Works.
Notwithstanding any other provision of this Charter, the
City may negotiate and enter into a design-build contract
for both the design and construction of a project in
accordance with this Section. Prior to the execution of
a design-build contract, the City Council shall evaluate
at a public meeting the comparative advantages for the
particular project of the traditional design, bid, and
build process of construction and the design-build
process. No design-build contract shall be executed
unless the City Council makes written findings that use
of the design-build process on the project will
accomplish one or more of the following objectives:
reducing project costs; expediting project completion; I
reducing'project risk; or providing design features not
achievable through the design-bid-build process. After
the adoption of such findings the City may proceed to
have said work done or said supplies or materials
purchased in the manner stated, without further
observance of the provisions of Section 1010."
CHARTER AMENDMENT
Shall the Charter of the City of Seal Beach
be universally amended to eliminate all YES
gender-based designations, i.e., "he", "his"
etc.? NO
Ordinance Number /4$
The Charter of the City of Seal Beach is hereby amended by
universally revising all references to a specific gender
to an appropriate gender-neutral term as determined by the
City Clerk.
This amendment would-universally revise all references to
a specific gender to an appropriate gender-neutral term as
determined by the City Clerk.
;'::;~
Section 2. ",~ ':<'T~' the text of the Charter amendments
. "\", t"
~Ub~rted to the voters shall be as set forth
I. ~Abt.e
t.~..~' 7~'~/l~~"
Sectid~~3;:'~f.)$'Dtl1\" pecial Municipal Election hereby called
)rt.~ ii' ,~ the date hereinbefore specified shall be
., nd is hereby ordered consolidated with the
Statewide Primary Election to be held on March
st., 2002. The election precincts, polling
places, and officers of election shall be the
same as those set forth in the notice calling
or providing for or listing or designating the
precincts, polling places and election officers
in the City of Seal Beach for the Statewide
Primary Election with which the Special
Municipal Election called by this Ordinance is
consolidated. The Board of Supervisors of
Orange County is hereby requested to issue
instructions to the Election Department of
Orange County to take any and all steps
necessary for the holding of the consolidated
election. Said election shall be held in all
respects as if there were only one election,
and only one form of ballot shall be used.
Said Elections Department of Orange County
shall certify the results of the canvass of the
returns of said Special Municipal Election to
the City Council of said City and shall
thereafter declare the results thereof.
I
I
Section 4.
Section 5.
I
Section 6.
Section 7.
That the City of Seal Beach recognizes that
additional costs will be incurred by the County
by reason of this consolidation and agrees to
reimburse the County for any costs thereof.
That notice of the time and place of holding
the election is given and the City Clerk is
authorized, instructed and directed to give
such further or additional notice of the
election, in time, form and manner as required
by law.
Pursuant to Section 416 of the Charter of the
City of Seal Beach, this Ordinance Shall take
effect and be in force immediately upon its
adoption.
That the City Clerk shall certify to the
passage and adoption of this ordinance and
shall cause same to be published as required'by
law.
Ordinance Number ~~~/
PASSED, APPROVED and ADOPTED by
O~ieal Beach, ca~~nia, at a
... day of '-t flA/
the City Council of the
meeting thereof held on
, 2001.
City
the
M~~/~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the foregoing ordinance was
passed, approved and adopted by the City Council~Lthe City
of se~cp;at a meeting thereof held on the ~ day of
~ -/ , 2001, by the following vote:
AYES:
Councilmember
I
NOES:
ABSENT:
do hereby certify
~ hed as required
that Ordinance Number ~ has been
by law.
C'
I
I
I
I
PROOF OF PUBLICATION
(20~5.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter- I
ested in the above-entitled matter.
I am the principal clerk of the printer
of the HUNTINGTON HARBOUR SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudge,d a newspaper of ,
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonparE;lil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
~lil ~{)L r-4 Ib JDl.
I ,
all n the year 002.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
thisJ 0 day of ~.c. V\~ Co ("(f' 2002.
"
Signature
PUBLICATION PROCESSED
THE HUNTINGTON HARBOUR SUN
16835 Algonquin
Seal Beach, CA 92649
(562) 430-7555
Ordinance Number I~/
This space is for the County
Clerk's Filing St~ BrownAd)?
YES NO
ORDINANCE NUMBER 1411 Tho C"""" .F Ihe Clly .F SeoIIlOiich F.
here~~nded by l8~hng Seellon
AN ORDINANCE OF THE CITY 408 I Moehng~ and ""'!"'ll See-
COUNCIL OF THE CITY OF SEAL 'on 7 (Roguloo- MMhng.' 0/ Am"e '"
BEACH. CAUFORNIA CAUING (Electiuo cm.c...).. read.. foIlowo
AND GIVING NOTICE OF THE '5e<hon407,~. ThoCHyCoun-
HOlDING OF A SPECIAL MUNICt- ell ahall hold regular meetings at leosl
PAL ElECTION TO IE HElD IN THE once 0 monIh In fX'C'01Cfance with !he
CITY ON TUESDAY. MARCH 5TH. B<ownAdlCohlcm..Go.emmentCado
2001 CONSOUDATED WIIH THE Secbon S4~50 .1 leq 1. as such slo...te
PRIMARy ELEcnON FOR THE pUR- now e.KiS""Ol rroy hereafter be amend-
POSE OF SUBMISSION OF PRO- ed, .. ..ch fime. .hoII be Iu.ed by ...r.
POSED CHARTER AMENDMENTS. nonce '" reooIuIIon \he C''Y c.....al_
WHEREAS, Pursuant 10 authority ~ro- odjOU'T! 01 read~ any meetingl oni:t
~ded ~ Mde XI 01... Con"....... Toile ' ""'" aoI1.pea.1 rnee.ti"9< 'n OCXOI_"
4 DiYislQI12. C~ 3 of Ihe Govern- wilflbBI'ONI"IJv.;t lfalDl!1,limeonyreg-
ment Code and Division ~9 Chapt!r 3 u1ar ~ng foils on a halipay, such":l9"
~1_,dl9otSec:lJon92 oIlieEJeo. ulQrmeeling~beheld~rearwpnor
ons Code Of the State of Ca IFemla. .. to !he next regulQr meeting.
City Council of the City of Seal Beach The Chartlllr Of !he Cit): ~ Seal Beach is
deS,... .. subm,t" the _" ~ herebv amended by ""'..... 5e<hon B04
Charter amendments relali!"Q to residen- IMeeilnps. Chairmen) 01 Arlicle VIII
cy. requirements For elected Officials and (App':lInliYe Boards and CommisSIons) b
City manager Ihot meetings of the City ieQif os foIows:
COuncil ori:l~nt\Ye boOrds c:n:I corn- -Sechon 804. ~s, Chairmen Iv,
~;:~,t~r;~S:: m~r~;:/=J'~'~
_ budget. proi.!1iitOd hnondol ,_ .nd comm'.........1 "'llon,.. by elect-
rnCl1y conmcts, d1sciplll'IQ'Y III~ ing one of I" memben to :IeIW os pre;
that p~~hc work. contract. rell than SKfngoH.c:erot"~ofsuchbc:iard
$20000 not require publiC bid ~ 01 commission. EOch board or commi..
that ihe City rrtCI'f enter into ciesignb..lIld .ion .hall hold regular meeling. as
pybtic works contradI. and ehrrunadon Rq.lired ~ orchnanCe or resolution, and
CJ ae~sed designohons; and .uch sp8!=iOI ~. as such board or
WHEREAS The City Cooocil is ~ commission shall reguire. All meetings
rized and dW'.cted by _.... ......"Ihe .... be held .. _.L.. ..111he e..wn
~CharIIIr~d,,,dsto"wt- Act ICahfornia Government Code Sec-
.s. and lion 34950 eI seq I as.uch skWtll now
WHEREAS Pu"...... the ~ ..... ",_hen.01Ie< be .mended
0/ SeeMan 16.400 .1 the EldoN Cede, E"""~ _ be .theowl.. f"O\'kled
... Boood 0/5uP.eM"'" 01... Cauny.. .. 11. "', the C''Y ~.1hoII des-
Orange is heniby requested b consenll ignale a sec:relary ror the i"ocording of
, and 09_ .. ... c...cI,dotion 01. SI'!" - , - --
ciol Mur"cipol8ed.on will... StaIIIwIda minules Fer each such board. end corn-
-~ - - . .- - - . - missions, who .ho' keep a record of its
Primary ElecIion on T ueodoy, March SIh, prooeedong. and.......... Eexh boanl
2~W THEREFORE, THE CITY ::~~~~==
COUNCIL Of THE CITY OF S~ with thiS Charter and subject to the
BEACH. CAUFORNIA. ~ ."",""".F'" C,'Yc......,I, and copies,
BY 1lE5OI.VE. DEClARE. 01 WhIch.hd1 be "'"" In ... .ffi", 01'"
AND ORDE~ ~deXlol CI'YO"", '" such...... """"..... C''Y
~..~ \\r4.11'~~ 2,9"PO' C.uncil may, ID! onlinonce p...cribO
~ GowmmenI '-""" no'" wh.. they _ be "",,1obIe 1Dr pubI'c
~~ f r,--,- 3 Mde 3 (~ In.~lon. Each board or commission
~d~o;551.J...~Code I sheill have the same power as the City
:1.. State o(&~lorma, ~d' is ~f!byO Council to compel tile attendance wi"
caHed and Crdered to be,... In" II)' ne~~S b exaITII'" hm under ~
01 SeoIIleoch, Co!ilcml., on T~l camP!' Ihe P.JCdldion o/-'enco
March Sth 2000, a S~ia1 ~~i'ih. It arid to cKimlni.ler oaths and aFFar~
f=~~~:r=~' ~~ .
a:tr:r.. ~.::\.... CIIj 01 ='~f..~Ib.:~
_I Beach ~ am...cIo<! Ia pro" ........... an !he ~ 01.... ClIy
vide !hat rolicleoJ<Y ~irOmtII;'b Ia onforce Its OnIlnance.?
Far olected Officials aricllbodc:!! YES NO
10.....90' shall be g-.... NT Tho Cha... 0I1he Cdy .F Seal BiiOch ..
saaleliw7 hereby amended ~ ~1f19' SedIon
YES ,NO thor- 417 (Ood,nonce V,OIoIion Penally PnM-
The residenty r:egUlrflments at tlIlhe 'I~
1er00theO~~~~OI':3 ~~
.6Qmended1 .nd by.dd,ng ...... ""de 11\ r..mooodol 5I1aII. e C arler of Ibo CIIy of
o Am Seal Beach b. amended to
Gcwemmentl.- 5ecIIan 30" - ............... ponaI1ylar_
01 folklws: ~Requiremenfs. of the Charter from $500 to
,;;.~~R.ndloWsol"'SIoIe,o/ $~ NO '
eo_ ohoII a~ .."t:<c ~ The Chonoro/lheClty o/SealIleoch..
.......Ioo-COU~ the dy he~ amended bv cimendmQ Sechon
and !he O't~.!::.. 1302 ICharter vtofcmon Penally Provi-
a:n..~;-.;1: the City aI Slonsl b read as follows:
Soallleach be am...ded Ia P!"o '5e<hon 1302, Voolotoon. \he ""*"""
vide that m..tings of th.lfity' of any provision of iii, Chener shall be
Council and ap'palnt.!!I~ deerrled a misdemeanor and be punish-
1iOardsI.oI'IIfV-~l-g; itiaII be __ able upcl:n convicted bv a Fine nol to
in Gccordance with SlatllIaw (the exceed One Thousand" Dollars or by.
impn&arment For Q tenn not 10 exceed six
monlhs OF by bah sudJFme 0I1mprisc:n-
.......
Ordinance Number II/If
I ~~ndm.:lf
Q e C orler the City of
Seal leach be amended to pr0-
vide !hat ......oil.iI<.d finandaI_
es,.1n CiIJ' canInKIs shall be__
emod by _law! '
YES NO
Tho Chmto< of tho CIty of SeoIIlooch Is
ti omonded by """"11 Sec1ion lOB
ConIads F,""","" 1nIores4 of M
Clo II (OIha''''kl reod O' follows,' ond
....slng Sect;on 407 IR!!Il.lo, Moohngsi
of Mae IV (Elechve OILcers) to read as
lcRows:
"Sechon 708 1/IegaI C_ FI.....
,1OI1n1fJret' In acc:Ordance wllh the po
vlllOf'il of s.:&ons 1090 et seq!.! ~ ..
Stale of CaIifomia GoYerMJent Code 01
such proYISIORI now exast or rTl9,)' here-
cher -be amendod~ no Ci!y omcer or .
employee shaft be hnoncially interested
'""!'Y"""""'modebytheni In thoVoiI>
dol capacity. Sechons 1090 et ::J in
hi, ....rety, we hOJOby ''''''P'' by
rel8rence 11110 !his SecIiOn. One true ana
carect <<!P'l of tho a.mnI SechOl1l 1090
.. lOCI.. ..... bo dooosillld In tho offic. of
the Gty delle: and shaH be at all limes
maintained ~ soid detlc: far use and
examination bY~.
~~__ Ihe City of
Seal Beach be amended to pro-
vide that a two 1ear~ '!HIt
be pnpa.... upon oM deiirminci-
doli ofoM CItY---'
YES NO
Tho Chator of h CIty of SeoIIlooch b
here~ by"""ng P.'!!"\lroP!
IhI of 604 11''''''''' cRl Du"~ of
Miel. VIlClty Monogo<j kl r8Q!l.. 101- :
lows: '
"Ih' To 1""1"''' ond submit kl h City ,
Coune.' an OMua\ or btannual budpot
and be re~lbIe fer ib odmlnislrclion
after adophon by the Council."
Tho C"'"'"' of tho City of SeoI Booch ..
hereby. amended bY. revising Secllon
1001 \Annuol Budg.~ 01 Amelio X IFIo:oI
Admimsi'alion] 10 ~ 01 fcIIows'
"Sedlon 1001, Annual/lliAnnuaJ Bud-
go' P..pomtion by tho City MonoS.'.,
Th. CIty Mooogeo: ihoI obIcim from ooch
dep.crtrnem head esbrncm.1 of revenue
ani:f expendilures fer each department,
detailed in such manner os may be pre-
""bod by Ih. CIty Monag.. 1i1~
Ing tho ~ 0"""",...0iarni0I
get, the City Mana..ser sholl review !he
eshmates, hOld conlerences hereon with
tes~hve deportment heads and may
tlM5e the esdmalel .
~m~n:\':':lf
Shall e C _ .... City of
Seal Beach be amended to pro-
vide that Rublic: works contracts
less than $201000 (as adiulted
annually for inflation) do not
noqu.. a jlublic bid praceu?
YES NO
The Charter of the CIIy of Seal Beach II
herebr;:mended by IlIYISlng Section
101 0 >ads on PUbl, W....., of Am-
de X lscal Adrmni,trahOn}. to read os
followS:
"Section 1010 Contracts on Pub'ic
Works Tho CIty Counal .hoft odopt poll-
Cle!. and ~res goveming contJad.
Ins. few cUbll, """"""'Ioc' Wh"h 0"
delmed to include the construction 01
Improvement of public bulletlnss, works,
streets drains, sewers, uhbbes, parks or
plgygJOUl1Ch lheCityCounc:il~,inlb
;ole d1...ofion, odDP.' ,.!ecood poIoci..
one! ~by..r...na.klS_Iow,
butno_lowsl'ooll9""'"'~wo<l<s
conIrachng unleull IS expressiy odooted
by the City Council or OOS fanally deter.
milled 10 kie applicable to all charter law
clhes by an ai:lPellale court wllh lurisd,Oo
lion "'"' "" C.y 01 SooI Boo<h, EXcepI..
otherwise pro'!Ided In this Charter or bY.
slate law made agglcable 10 the City Of
Seal Beach, h aiV' Council shall award
to ht bwest responsible bidder each can-
IrCId Involvi~ an ~ndllure of more
Ihc:m the b1ddlr~ threshold amount les
deRned in !his Sectionl fot the CONIrUQ-
don or imp:avement 01 eublir: works or
rar !he putchase of sl,lpP.lies at materials
ror any such projer:t, Bias shall be solici~
, ed Via nohce by publlcailon an the ollacial
~!?Y0Re or more Insertions ..
fanl Of whid; shalt be olleost ten aar.s
befono tho imo 01 openIng bid, one! .uCh
other forms of notiee os !he City Councd
_ dicocI Ptoioc~ lor tho """"",...,
resUrfacing, malntBnance 01' rep:llr of P:lb.
he works tocdlhes are excepted from "'e
. r8Cf!Jiremenb of thiS Sectaon
All b.ds I!IO)' be accomP.ORied bt either
a c:ecII~ed ot cashier's check. or a bid-
dor'sbond~byo-,"su...
ty authorized 10 ~age in suCh buslnes!l
in California, mad8 ~ 10 lie City,
Suc:h security shal be In an amount not
1e..1hon 1hcil !f'OCd.ed In',," noIice .....
i!'l9 bids or In lie speci'catiCll'\l reMrred to
l1ereln, at If no amount be 10 spec:i~ed J
IlenlnanCl'nCU1tnotleukJn_~
01 tho _~"omounloltho boil, litho '
suc:cess~ blCfder neglec:b or refuses 10
ener into Ie CD'lInxt wi!hin" fme
I~ed In .... nohce invihnS bids or in~
specifications referred to therein~ the
CllnC)tMt of hiS bidder's security shall be
dodooed Iode.Ied kl <he City and tIdI bo
coIlocood ond poid 11110 " S.....IIIInd,
one! 00 bonds 10 Iarfelted oholl bo.......
cuted and the alTlOl.rl! thereoF colected
one! ""id InIo suc:h lund,
Tho City Counc:il_ ..joct 0I"f one! 011
bid. preienJod one! may ieoc!witi.. .. its
dlsaedon. .
Tho City eo...oI, without odvoroling few
bids, or after relGng bads, or If no bids
__ _MId, _ docIwe one! dotor-
mine that In its opinion. based on esH-
molo. oPf"O'"'!by tho City =
hi waR "" question may be
bo"'" or ..... oconomlColly !;y tho Coty
'WI" Its own errdovees or INa supplies or
materials rncJY. be "purehosecl more eco-
nortllcaly on ihe C?Pen morbi' Conrads
likewise ~ be lOt without advertisinv
for b!dsollf sUch ~ succluu or male....
ols ..... bo deomocI by iio City CounaI
to be of u~nI nec8Ulty fat fie ~
vohOn of 1i18, heallh. or property, In either
event. the Council shall a(lopi a resoh,.
hon wllh hnding. su-'ing tho Ieoing 01
a eontradwilhDutai:fverllllng forbidi bt
alleosI.... 01lUmoM.- "'tho eo...>
ai, oItor which tho CIty _~kl
""'" suc:h wak done or 100.:.pp... one!
materials PJl'c:hased In the manner skit-
ed, wIIhoUt Mdw obsoM.nao 01 tho po-
visions of lhis SectIOn.
Tho bidding 1h...hoId ......... sholl bo
Twen!y ThoUsand poIlats Initial!y. and
ihaD 6e annually adlusted I?Y tile City
Engi_' upon "'nh~ by tho CIty
c:.iJnol on_I 01 """'Y"", thoCoty
Engi_ ""'0 "'"'f!UIo thO P"!""ntogo
dlht"ence belwllen !he current Engineer-
Ing Nows Roaxd c.n..uctIon Cosi Indo.-
20 Coty Avo.ago IENRI one! tho ENIlIor"
II:M= ptlI;iious JUne 1, The City Engineer
sholl odj... tho bJddlng IIueohOId omount
bysuch_, ""-"d;ngkl"'nool'
.., dollar, Tho Coty CoundJ iholl roviow
such odl.......'.. 0 publ~ hecrif'il. ~nd
~ COuncd r:on~rmahon, the baaalng
tfireihold amolHlt sholl be the adlusteG
fig..., Should tho ENR be......d or di.
continued, the City Engineer hi 11M the
l'8'1i'ised index or a ~obI. index
S~(lyCoUrd"
dm
S a e Cha_ -::J Ihe City of
Seal loa'" be amended.........
vld. that th. City Council mar.
enter Into udesign-bulld" publ c
___7
!liS N_O
The Charter of "e t:ity: at Seat Beach is
ho..bv omendod by oi:Idlng kl Md. X
(Fisea' Administration) 0 new Section
, 01 0 5 kl reod os follOws:
"Soction 1010 5 Desigl>BuJdGri-ads
on Public WO&, Nolwllhstondl~ any
oIher provision in this Charier, the City
!'ROY. negotiate and enter into a desig....
b.lreI cDnlroct fer both the deSIS!' c:nd CXll't-
slruchon of a JX'OIecl in accomance With
tNs Section. Pnoi' to !he execuhon of 0
desigl"l'build con~.~(._the City Cotlned
.hoII"""",,"alo""""''-ngthoaxn-
f"""'",cxI.on!'lJ..fortho~pR>
lect of the tradlllonol design, bid, and
build process of construction and Ihe
doslgnb.o1d """"" No dostsnb!ild con-
Irael sholll:ie executed unless the City
Council makes written ~ndlngs that use
d the dulgnbuild process on ihe project
will aceompllsh one or more of ihe fcI..
~objoctMls:oecIuclngP"'locl""";
Ihng ""'Ioct "!f'1PI86on; roduang
project fisk; or ~dll.g design features
not achievable th~11 the design-bld-
bu,ld p<o<;o" Afto, Ih. odophon Of such
~ndlngs the City may proceed to hove
soid work done or SOld supplies or ITlCJIe.
nals JXKChased in fie II1a'V18I' stated, With-
oullUrl1er obHrvonce oJ the provisioru.
of Section 1010," .
~~m~
Sa .C __ IheCltyal
Seallleach be un!venaJ!y amOnd-
od ... oIIminme all gendior- based
~i.e.,."'.,"his.....?
YES'_ NO '
The Chono, 01 tho City 01 SooISllOCh Is
~omendod by I(RMnoIIy ..,;.Ing 011
references 10 a speciFIc Sender to aPfX'O:
~ ~ndeHleutraltenn os delllllrmlned
thot:,tyCI.ol. '
I omendmentwoukl uni.,.dy JeYise
011 reNrances to a specl~C Se:nd<< to otI
opprcpnale gender-neuhJlllwm os delef;.
mined by the City Clerk
Sediori...2... Thai the text of the Charler
~submlltedtothevotersshall
be as set Forth above
~Tho Spocial Mmiopol EIochon
""'" co od orid tho dote ,,",",nbelo..
sped ed sholl be and IS hereby ordered
r:onsoIidoted with the Statewide Pr."no'Y
ElectiOn 10 be held on f.Aotch 51h, 2002
Tho oiochon prec-. J>OIIng aIoau. one!
effacers of e!echon lhall be ht same as
those set Fcd1 in Ile nobce calling or P!'O'
Y1dltlS for or hstin;g or deslgnahng the
precincts, ~ng ~s and Nchoil oIft.
eers in the City of Seal Beach fet the
SIoIIWide Pn"""Y EIochon WlIh whoch tho
~~ial Munic:lpOI Election coiled bt lIis
Ordinance is consolidated The brd of
SupoMIOtI 01 0ns1ge County i. ""'-by
requested 10 issue Inslnldions 10 the EIeC-
bon Depcnnent 01 a-a.g. Cou1Iv .. """'
any arid all steps neceuary for ~ hold-
I~ of the eonsol,ldated eldon Said
eIec1aon sholl be he!d in aI res~ os if
thoro __ ~ one .Iochon, ond '?!'o/
one Ionn 01 boICI ohoIl bo '"""- Soid EIoi-
hens Oepgnnentof Orange County sholl
r:erhfy Ihe results of the eonvoss of the
returns of said ~al Nlunidpal Eledon
kltho Coty CouOcil oIlOId CIty ond ""'II
hereaFter declare the results tIiereof
liadmA. Tho, tho City 01 SooIIleoch
recognizes lhat addlbonal oosts WI. be
IllCUlfed by the County by reason of thiS
consoladahon and agrees 10 reimburse
~~ for any cosls hreof.
, ThaI notice of "0 hme and
01"", ~"'.loctk>nbS""ond
"" CIIy CIo.k " Ouhorized, inslNdod one!
d,rect8d to give such I'urher or addl'onaI
notice of the elechon, In line, from and
rnciMer as ~il8d by law
~ IV""""'kl Section 416 01
tho Clxxt.. of ... City 01 SeoI Booch. Ih..
o.dnanc:o ohoII """' .1Ioct one! be In r.."
Immodlotely"P""itsodo,otfon, '
~ Tho. tho CIty Clod< ohoII COO'
hIy _kl tho pOIlOe." ond odopiion of ""s
ordinance and lhall cause some to be
~IShed as JeOJlred bv law
PASSED1 APPRovEd AND ADOPJ'..
ED by tho City eouna1 0111.. CI~ 01 SeoI
800ch, Caliloin... ........ng Ihoioof hold
on tho BIh cloy 01"'_, '2001.
WilllOm Doane
ATlEST: Mayor
JoonneM, Yea
CIty a..k
STATE Of CAlIFORNIA I
COUNlY Of ORANGE SS
COY Of SEAL BEACH
l Joomo M, ~.., CIty a..k 01... Oty
01 SeoI Booch. l..ollfcrrilO, do honby COO'
lily that the ror.ing Ordinance was
~Couna"'i.i~~~~'::
o ......ng thocooI held on tho BIh cloy of
OdobO<, 2001,bytholollow1ng~
AYES,Ilojd. Cailpbol, Ooone; la_
y...,
NOES' NONE -, ,
ABSTAIN' NONE
ABSENT: NONE
ond do honobv Ill"""' c:eJ1irv Ihot On:l.
nonce 1481 F.as been published as
""l"bed bv low,
JOanneM Yea
CII)( a..k
11/01,12106101,1/10/02
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